The Tribunal considered an application for condonation of delay. It condoned the delay based on an Apex Court judgment and admitted the appeal.
IA allowed; delay condoned; appeal admitted; matter listed for hearing.
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IN THE DEBTS RECOVERY APPELLATE TRIBUNAL AT KOLKATA Appeal Dy No. 625 of 2021 THE HON’BLE MR. JUSTICE ANIL KUMAR SRIVASTAVA CHAIRPERSON
13.03.2023
Union Bank of India
… Appellant
-VsM/s. Harsharatna Industries Ltd. & Ors. … Respondents
Mr. D. Dutta, ld. Counsel for the appellant. Mr. N. Srinivas, ld. Counsel for the respondent no. 1 to 4.
THE APPELLATE TRIBUNAL :
I.A. No. 459 of 2021 is filed by the appellant for condonation of delay of 59 days in preferring the appeal.
Impugned order against which appeal is preferred was passed on 02.09.2021 while appeal is filed on 30.11.2021. Learned counsel for the appellant has placed reliance on the Hon’ble Apex Court judgement in Suo Motu Writ Petition No. 03 of 2020 dated 10.01.2022 wherein exemption of period of 90 days from 01.03.2022 was granted.
Having considered the submission of the learned counsel for the appellant and perusing records and in view of Hon’ble Apex Court Suo Motu judgement I find the ground taken by the appellant is sufficient to condone the delay in preferring the appeal.
Accordingly, I.A. No. 459 of 2021 is allowed. Delay in preferring the appeal is condoned. I.A. is thus disposed of.
Appeal is admitted. Regular appeal number be provided. Mr. N. Srinivas, ld. Counsel is appeared on behalf of respondent no. 1 to 4. Service be made by way of paper publication for rest of the respondents.
List on 13.06.2023 for hearing.
Opposition, if any, be filed in the meantime with advance copy to the appellant who may file rejoinder.
(Anil Kumar Srivastava,J) Chairperson
Dated: 13 March, 2023 - 01/pkb
1 issue framed by the court
Whether the delay of 59 days in filing the appeal should be condoned.
Union Bank of India
M/s. Harsharatna Industries Ltd.
Anil Kumar Srivastava
As recorded by the court registry
11 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
